The Chhattisgarh High Court has dismissed the Korba district court’s decision to launch departmental enquiry against a police head constable in an illegal liquor possession case, calling it “unconstitutional”. Head Constable Chandan Singh, while serving at Urga Police Station in Korba district of Chhattisgarh, had arrested two persons in possession of illegal liquor and took the liquor in his custody. Both were charged under ED act. The two accused later appealed for bail plea in the district court, and the court granted them bail, stating that the head constable has no right to hold any illegal liquor in his possession, under the act.
The district court even held head constable Chandan Singh responsible for the bail of the two accused. The court sent the copy of its verdict to the Police Superintendent and other senior police officials of the Korba district, directing them to initiate departmental enquiry against Chandan Singh. This is when Chandan Singh filled petition in the High Court against the district court’s decision.
The petition stated that “district court’s decision in the case was biased, unfair, and arbitrary which intended to curtail the rights of an individual”. The Chhattisgarh High Court admitted in hearing that the district court’s decision to grant bail to the two accused could be tolerated once, but launching departmental enquiry against the head constable without hearing his side of the argument is completely unconstitutional.
The High Court has now dismissed the district court’s order and has directed the authorities for fair and procedural enquiry into the case.